BOARD OF HARBOR COMMISSIONERS President Cindy Miscikowski Vice President David Arian Commissioner Kaylynn L. Kim Commissioner Douglas P. Krause Commissioner Robin M. Kramer Time Started: 8:45 a.m. Present: Excused: President Cindy Miscikowski, Commissioner Robin M. Kramer, Commissioner Kaylynn L. Kim, Commissioner Douglas P. Krause, and Commissioner David Arian. None. PRESIDENT CINDY MISCIKOWSKI PRESIDED A. OPENING STATEMENT - AN OPPORTUNITY FOR MEMBERS OF THE PUBLIC TO ADDRESS THIS BOARD PERSONS IN THE AUDIENCE MAY ADDRESS THIS BOARD IN CONNECTION WITH ANY AGENDA ITEM OR DURING THE PUBLIC COMMENT PERIOD. AS PROVIDED BY THE BROWN ACT, THE BOARD HAS LIMITED EACH INDIVIDUAL S SPEAKING TIME TO THREE MINUTES. ANYONE DESIRING TO SPEAK DURING THE PUBLIC COMMENT PERIOD IS REQUESTED TO COMPLETE A SPEAKER CARD AND SUBMIT IT TO THE COMMISSION SECRETARY, VIA THE SERGEANT AT ARMS, PRIOR TO THE START OF THE MEETING. Commission actions, except actions which are subject to appeal or review by the Council pursuant to other provisions of the Charter, ordinance or other applicable law, are not final until the expiration of the next five meeting days of the City Council during which the Council has convened in regular session. If the Council asserts jurisdiction during this five meeting day period the Council has 21 calendar days thereafter in which to act on the matter.
B. ELECTION OF OFFICERS PURSUANT TO SECTION 503(A) OF THE CHARTER OF THE CITY OF LOS ANGELES, WHICH PROVIDED THAT THE ELECTION OF THE PRESIDENT AND VICE PRESIDENT SHALL BE HELD EACH YEAR, THE BOARD OF HARBOR COMMISSIONERS SHALL HOLD ITS ELECTION TODAY TO ELECT THE FOLLOWING OFFICERS TO SERVE FOR THE ENSURING TERM: PRESIDENT: VICE PRESIDENT: CINDY MISCIKOWSKI DAVID ARIAN On motion of Commissioner Robin M. Kramer, it was RESOLVED, That Commissioner Cindy Miscikowski be re-elected President of the Board of Harbor Commissioners to serve the ensuing term; which motion was seconded by Commissioner Kaylynn L. Kim and carried by the following vote: The Board Secretary called for a roll call vote. Ayes: President Cindy Miscikowski, Commissioner David Arian, Commissioner Kaylynn L. Kim, Commissioner Douglas P. Krause and Commissioner Robin M. Kramer. ( 5 ) Noes: None. President Cindy Miscikowski called for nominations for the office of Vice President. On motion of Commissioner Robin M. Kramer, it was RESOLVED, That Commissioner David Arian be elected Vice President of the Board of Harbor Commissioner to serve the ensuing term; which motion was seconded by Commissioner Kaylynn L. Kim and carried by the following vote: The Board Secretary called for a roll call vote. Ayes: President Cindy Miscikowski, Commissioner David Arian, Commissioner Kaylynn L. Kim, Commissioner Douglas P. Krause, and Commissioner Robin M. Kramer (5) Noes: None.
C. COMMENTS FROM THE PUBLIC ON NON-AGENDA ITEMS President Cindy Miscikowski called for comments from the public. The following persons commented: Mr. Tommy Faavae, IBEW Local II Mr. Ken Melendez, Port Community Advisory Committee Mr. John Papadakis D. EXECUTIVE DIRECTOR REMARKS Executive Director Dr. Geraldine Knatz had no remarks. E. REPORTS OF THE COMMISSIONERS Commissioner David Arian announced that Longshoreman Bert Tufele has passed away the night before. Mr. Tufele was hit by a tractor on the waterfront. President Miscikowski reported that she met with the owners of Catalina Freight and their representative Rudy Svorinich regarding their lease. F. BOARD COMMITTEE REPORTS There were no Committee reports. G. PRESENTATION Waterfront Commercial Strategy Presentation, Maxima - Ms. Pat Flynn of the Maxima Group provided a power point presentation on the Waterfront Commercial Strategy. Councilwoman Janice Hahn, 15 th Council District commented on Item G.
H. BOARD REPORTS OF THE EXECUTIVE DIRECTOR CONSENT ITEMS (1-3) Engineering 1. Re: RESOLUTION NO. 10-7031 - CONTRACT COMPLETION DESIGN- BUILDER SCIENCE APPLICATIONS INTER-NATIONAL CORPORATION - PORT SECURITY GRANT PROGRAM - ROUND 3 PROJECT NO. 1 - WATERSIDE SECURITY SURVEILLANCE SYSTEM AGREEMENT NO. 2489 SUMMARY: Agreement No. 2489 with Science Applications International Corporation (SAIC), San Diego, California, provides the City of Los Angeles Harbor Department (Harbor Department) with a waterside security surveillance system. This system monitors 43 miles of waterfront of the Port of Los Angeles. Staff recommends the Board of Harbor Commissioners (Board) authorize the Executive Director to execute Authority for Adjustment (AFA) No. 34 for a credit of $471,167. An AFA is a contract instrument that allows the Harbor Department to add or delete work to the contract. Any AFA that increases or decreases the contract by more or less than $150,000 requires Board approval. In addition, staff recommends that the Board formally accept the contract as complete in the amount of $12,341,867. This will allow the Executive Director to release $50,000 in remaining retention being held by the Harbor Department. SAIC signed the Affidavits of Completion stating no outstanding claims or unresolved issues (pending final payment and release of remaining retention) on July 30, 2010. Recommendation: Board resolve to (1) approve and authorize the Executive Director to execute AFA No. 34 (Transmittal No. 2), which decreases the contract by $471,167; (2) receive for information the AFA Summary Log (Transmittal No. 3); and (3) formally accept the subject contract as complete; and (4) adopt Resolution No. 10-7031 to execute AFA No. 34, receive for information the AFA Summary Log, and formally accept the subject contract as complete. RECOMMENDATION APPROVED AND RESOLUTION NO. 10-7031 ADOPTED Motion by Commissioner Douglas P. Krause, seconded by Vice President David Arian and carried with the following vote: Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Kaylynn L. Kim, Commissioner Douglas P. Krause, and Commissioner Robin Kramer. ( 5 ) Noes: None.
Port Police 2. Re: RESOLUTION NO. 10-7032 - MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LOS ANGELES HARBOR AND POLICE DEPARTMENTS FOR THE SHARING OF SELECT VIDEO SURVEILLANCE FEEDS THROUGH THE REGIONAL VIDEO COMMAND CENTER SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to enter into a Memorandum of Understanding (MOU) with the Los Angeles Police Department (LAPD) for the purpose of sharing select video surveillance feeds from their respective security camera systems. This will be accomplished by installing a Regional Video Command Center (RVCC) computer sub-station at the Harbor Department s Threat Detection Center located at 300 E. Water Street, Wilmington. U.S. Department of Homeland Security (DHS) Urban Area Security Initiatives (UASI) awarded LAPD grant funds to purchase equipment for the RVCC. Video surveillance feeds from the Port of Los Angeles (POLA), Port of Long Beach (POLB) and Los Angeles World Airport (LAWA) will be centralized in order to enhance situational awareness and provide effective response within the Los Angeles/Long Beach (LA/LB) Urban Area. Annual costs to the Harbor Department are estimated at $200 to maintain power to the 24-hour operation. Board of Harbor Commissioners (Board) approval of this MOU is necessary because it exceeds the one-year term for Executive Director approval. Recommendation: Board resolve to (1) approve the MOU between the Harbor Department and LAPD to provide LAPD and its contractor access to Harbor Department property for installation of the RVCC system equipment and for ongoing support, maintenance and repair; (2) authorize the Executive Director or designee to execute and the Board Secretary to attest to the proposed MOU for and on behalf of the Board; and (3) adopt Resolution No. 10-7032, accepting the MOU with LAPD. RECOMMENDATION APPROVED; RESOLUTION NO. 10-7032 ADOPTED; AND AGREEMENT NO. 10-2914 APPROVED AND ITS EXECUTION AUTHORIZED Motion by Commissioner Douglas P. Krause, seconded by Commissioner David Arian and carried with the following vote: Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Kaylynn L. Kim, Commissioner Douglas P. Krause, and Commissioner Robin Kramer. ( 5 ) Noes: None.
3. Re: RESOLUTION NO. 10-7033 - PROPOSED MEMORANDA OF UNDERSTANDING WITH THE PORT OF LONG BEACH AND RIO TINTO/U.S. BORAX, INC., FOR TRANSFER OF FUNDS UNDER THE FEDERAL PORT SECURITY GRANT PROGRAM, ROUND SEVEN SUPPLEMENTAL SUMMARY: The City of Los Angeles Harbor Department (Harbor Department) is proposing to enter into a Memorandum of Understanding (MOU) with the Port of Long Beach (POLB) and a MOU with Rio Tinto/U.S. Borax, Inc. (U.S. Borax), for the transfer of funds awarded as part of the U.S. Department of Homeland Security (DHS), Port Security Grant Program (PSGP), Round Seven Supplemental. The POLB was awarded $2,550,600, for completion of the Security System Maintenance Program, and U.S. Borax was awarded $200,000, for completion of the Transportation Worker Identification Credential (TWIC) Deployment and Equipment project. The Harbor Department is the Fiduciary Agent for these funds and, as such, is required to manage their distribution within the Los Angeles/Long Beach port region. Prior to transferring funds to grant recipients, the funds are received by the Harbor Department and placed in a pass-through account. Board of Harbor Commissioners (Board) approval of these MOUs is necessary because they exceed the one-year term for Executive Director approval. Recommendation: Board resolves to (1) approve the MOU with the Harbor Department and POLB; (2) approve the MOU with the Harbor Department and U.S. Borax; (3) authorize the Executive Director to execute and the Board Secretary to attest to the MOUs; (4) authorize the Harbor Department to reimburse: a. POLB for its costs related to the Security System Maintenance Program in the amount of $2,550,600; and b. U.S. Borax in the amount of $200,000, for its costs related to the TWIC Deployment and Equipment project, as associated with Round Seven Supplemental activities; and (5) adopt Resolution No. 10-7033, accepting the MOUs with POLB and U.S. Borax under PSGP Round Seven Supplemental. RECOMMENDATION APPROVED; RESOLUTION NO. 10-7033 ADOPTED; AND AGREEMENT NOS. 10-2915 AND 10-2916 APPROVED AND THEIR EXECUTION AUTHORIZED Motion by Commissioner Douglas P. Krause, seconded by Vice President David Arian and carried with the following vote:
3. (Continued) Ayes: President Cindy Miscikowski, Vice President David Arian, Commissioner Kaylynn L. Kim, Commissioner Douglas P. Krause, and Commissioner Robin Kramer. ( 5 ) Noes: None. Deputy Executive Director John Holmes spoke on Item No. 3.
REGULAR ITEMS (4 and 5) Planning and Economic Development 4. Re: DISCUSSION OF THE USS IOWA SITE ASSESSMENT AND FEASIBILITY STUDY AND DIRECTIONS TO STAFF a) Site Assessment Presentation, Executive Director b) Feasibility Study Presentation, c) General Comments/Questions, the Board of Harbor Commissioners Executive Director Dr. Knatz provided a power point presentation on Item No. 4. Mr. Stephen Spiker, AECOM provided a power point presentation on Item No. 4. Mr. Robert Kent, President of the Pacific Battleship Center, spoke on Item No. 4. The following persons commented on Item No. 4: Mr. Richard Landgraff, Pacific Battleship Center Capt. Dick McKenna, Nosh Cafe Mr. Rudy Svorinich, former Councilmember, 15th Council District Councilmember Janice Hahn, 15th Council District Mr. John Stinson, Coastal San Pedro Neighborhood Councils Mr. Allan Johnson, Tally Ho Mr. Tom Politeo, Sierra Club Volunteer Mr. Janet Portolan, Pacific Battleship Center Mr. Richard Pavlick, Port Committee Advisory Committee Mr. William Upshaw, USS IOWA Mr. Louis Dominguez, San Pedro resident Ms. Camilla Townsend, San Pedro Chamber of Commerce Mr. Nathan Jones, Pacific Battleship Center Mr. James Bapp, USS IOWA Ms. Kathleen Gray, San Pedro Convention & Visitors Bureau _ At approximately 11:10 a.m., President Miscikowski called for a brief recess. _ At approximately 11:18 a.m., President Miscikowski reconvened the regular meeting.
5. Re: GAMBOL INDUSTRIES, INC. MEMORANDUM OF UNDERSTANDING FOR EXCLUSIVE RIGHT TO NEGOTIATE, DATED JUNE 29, 2009 (MOU); SUPPLEMENT TO JULY 26, 2010 STAFF REPORT; BOARD HEARING OF JULY 28, 2010, CONTINUED Ms. Linda Dishman, Executive Director, L.A. Conservancy commented Mr. Larry Kosmont, President and CEO, Kosmont Companies commented Mr. Wil Soholt, Senior Vice President, Kosmont Companies provided a power point presentation. Mr. Mark Yonge, Maritime Transport & Logistics Advisors, LLC, provided a power point presentation. Mr. Ron J. McAlear, Maritime Transport & Logistics Advisors, LLC, spoke on Item No. 5. Mr. Ben Resnick spoke on Item No. 5. Councilmember Janice Hahn, 15th Council District commented on Item No. 5 The following persons commented on Item No. 5. Mr. Ron Miller, Plumbers Local Union 78 Mr. Robert Reddick, San Pedro Bay Historical Society Mr. Tom Politeo, Sierra Club Volunteer Mr. Tom Moxley, President, LA/Orange County Building Construction Trades Council Mr. Mark Jurisic, ILWU Local 13 Mr. Louis Dominguez Mr. Herb Kleeman, Local 250 Ms. Stephanie Mardesich had documents turned in Mr. Danny Miranda, ILWU Local 94 Mr. Peter Peyton, ILWU Marine Clerks Ms. Carrie Scoville, Central San Pedro Neighbor Council Mr. Joe Serrato, Labor Consultant
I. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Subdivision (b) of Government Code Section 54956.9) Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 regarding subject matter of mediation with Gambol Industries, Inc. 2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) American Trucking Associations, Inc. v. City of Los Angeles, et al., United States District Court Case No. 08-04920-CAS, and United States Court of Appeals for the Ninth Circuit Case No. 08-56503 3. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Government Code Section 54957) Evaluation of Executive Director pursuant to Section 604(b) of the Los Angeles City Charter. CLOSED SESSION WAS NOT HELD President Cindy Miscikowski stated that Item No. 3 on the Closed Session agenda be continued to the November 18, 2010 meeting. THERE BEING NO FURTHER BUSINESS, AT APPROXIMATELY 1:20 P.M., PRESIDENT CINDY MISCIKOWSKI ADJOURNED THE THURSDAY, NOVEMBER 4, 2010, REGULAR MEETING OF THE LOS ANGELES BOARD OF HARBOR COMMISSIONERS. President APPROVED BY THE BOARD OF HARBOR COMMISSIONERS AT ITS MEETING HELD MARCH 3, 2011. Secretary